Stay of Removal: How to Pause Your Deportation Process

7 minute read

A stay of removal offers a temporary pause in a deportation order. This legal tool is granted under specific, strict conditions and acts as a procedural halt to your removal while you pursue other immigration relief. Understanding how to stop deportation temporarily requires knowing which authorities can grant this discretionary measure.

Facing impending deportation can be overwhelming. Clarity on options like a stay of removal allows you to make informed decisions. This process involves different agencies and criteria; failing to understand the nuances of your situation risks delays or denial. Our deportation defense attorneys provide guidance during these challenging times.

What is a stay of removal and who can grant one?

When you receive a final order of removal, a stay of removal acts as a temporary halt to your deportation. It grants no permanent legal status; it functions as a procedural pause. This temporary measure gives you time to address underlying immigration issues or prepare for departure. Identifying which agency has jurisdiction over your request is the first step in seeking protection.

Many people assume a deportation pause is a universal solution and overlook its temporary nature and strict conditions. The authority that can grant a stay depends heavily on your deportation process stage and case circumstances. These are the authorities that can grant one:

• Immigration and Customs Enforcement (ICE): can grant administrative stays, typically when you have a final order of removal and compelling humanitarian or other reasons exist.
• Immigration Judges (IJs): during active removal proceedings, an IJ can grant a stay as part of a motion or ongoing relief request.
• Board of Immigration Appeals (BIA): if you appeal a decision, the BIA may grant a stay during the appeal process or upon receiving a motion to reopen or reconsider.
• Federal courts: in some instances, federal courts can issue stays, particularly when a Petition for Review is filed against a BIA decision.

Difference between automatic and discretionary stays

Both types pause deportation, but the distinction between automatic and discretionary stays of removal is significant for anyone facing removal. An automatic stay of removal operates by law during certain procedural phases, while a discretionary stay requires an active application and agency approval.

Understanding this difference affects how you approach seeking a pause in your deportation process. Here is a comparison of their distinct characteristics:

Feature	Automatic stay	Discretionary stay
Trigger	Notice of Appeal timely filed with the BIA (generally within 30 days of the Immigration Judge’s decision).	Active request (e.g., Form I-246 to ICE) based on compelling circumstances.
Application form	Generally no specific form; triggered by filing the appeal.	Requires a formal application (e.g., ICE Form I-246).
Authority	Board of Immigration Appeals (BIA) during appeals; federal courts on judicial review.	Immigration and Customs Enforcement (ICE), Immigration Judge, BIA, federal courts.
Grounds	Procedural right tied to the appeal, not individual circumstances.	Requires compelling humanitarian, medical, or other equities.
Duration	Tied to the processing time of the underlying appeal.	Typically granted for up to one year, with possibility of renewal.

An automatic stay can offer immediate, albeit temporary, relief when triggering certain post-decision remedies. Discretionary stays, by contrast, rely entirely on the agency’s assessment of your individual situation. If you miss the deadline to appeal, one of the few remaining paths is filing a motion to reopen the case, which generally must be filed within 90 days of the final decision. In those cases, working with immigration appeal attorneys can make the difference between keeping your options open or losing them entirely.

How do you apply for a discretionary stay of removal with ICE?

If you have a final order of removal, applying for a discretionary stay of removal with ICE is the direct way to temporarily halt your deportation. This process involves submitting Form I-246 to your local ICE Enforcement and Removal Operations (ERO) office. Completing this application allows you to pause your deportation in the short term, though it demands careful attention to detail:

1. Gather required documents: collect all supporting evidence demonstrating compelling humanitarian, medical, or other equities. This includes proof of identity, family ties, medical records, and evidence of any pending immigration applications.
2. Complete Form I-246: fill out the form accurately and completely. Each family member seeking a stay must file a separate application.
3. Check the current filing fee: confirm the up-to-date filing fee for Form I-246 directly with ICE before submitting, as fees may change. Payment is generally made by money order or cashier’s check payable to the U.S. Department of Homeland Security.
4. Write a cover letter and personal statement: include a detailed cover letter explaining your compelling reasons for requesting the stay and referencing all enclosed documents. A personal statement describing your circumstances can strengthen your request.
5. Submit to your local ERO office: most ICE ERO offices require in-person submission of Form I-246. It is advisable to contact your local office in advance to confirm their specific procedures and required documentation.

The decision rests solely with ICE, which considers all factors, including your immigration history and criminal record, when evaluating your request.

What reasons help get a deportation pause approved?

Successfully obtaining this temporary relief hinges on presenting compelling reasons that convince ICE to exercise its discretion in your favor. These reasons must demonstrate why your removal should be temporarily halted, generally due to significant hardship or the existence of other avenues for legal status.

Common grounds that support a request include:

• Humanitarian concerns: dire circumstances in your home country, such as war, natural disaster, or persecution, that would put your life or safety at extreme risk upon return.
• Severe medical conditions: if you or a close U.S. citizen or Legal Permanent Resident (LPR) family member has a critical medical condition that cannot be adequately treated in your home country, or if your absence would compromise their well-being.
• Strong family ties in the U.S.: having U.S. citizen or LPR spouses, children, or parents who would suffer extreme hardship if you were deported. The longer your family has been established in the U.S., the stronger this argument can be.
• Length of residence and good moral character: a prolonged period of residence in the U.S. combined with a clean record and active community involvement can weigh in your favor.
• Pending immigration relief: perhaps the most impactful reason is having a pending application for long-term relief, such as asylum, a U visa, VAWA, adjustment of status, or an immigration appeal or motion to reopen with the BIA. A stay provides the necessary time for these applications to be adjudicated.

Any criminal record can significantly impact the likelihood of a stay approval. Our team of criminal-immigration defense attorneys regularly assists clients in Phoenix who are navigating their deportation process while addressing the complex intersections between criminal justice and immigration.

What documents do you need to support your request?

To substantiate the compelling reasons for your request, thorough documentation is necessary. Each piece of evidence helps build a complete picture for the reviewing officer, corroborating the claims made in your application.

Collecting and organizing these documents meticulously prevents delays and strengthens your case:

• Identification documents: copies of your passport, birth certificate, driver’s license, and any prior immigration documents, such as I-94 records.
• Proof of family ties: marriage certificates, birth certificates for U.S. citizen or LPR children, and proof of your spouse’s or parents’ legal status (if applicable).
• Medical records: detailed reports from doctors or specialists, including diagnoses, treatment plans, and prognoses for yourself or affected family members. Letters from medical professionals explaining the hardship of removal are also valuable.
• Financial documentation: pay stubs, tax returns, bank statements, and proof of property ownership to demonstrate financial stability and ties to the U.S.
• Community involvement: letters from employers, religious leaders, community organizations, or friends attesting to your good moral character and contributions to your community.
• School records: transcripts or enrollment verification for children attending school in the U.S.
• Country conditions: evidence of dangerous or unstable conditions in your home country, if applicable, to support humanitarian concerns.
• Criminal record documents: certified court dispositions for any arrests or convictions, even if they were minor or occurred long ago. Transparency in your application can prevent delays.
• Proof of pending applications: receipts or approval notices for any other immigration applications you have filed (e.g., I-589 asylum application, I-918 U visa petition).

Ensure all documents not in English are accompanied by certified translations. Submitting a well-organized package helps ensure ICE fully understands your situation.

What happens after your deportation pause is filed or approved?

Once your application is filed, or if it is approved, your situation changes significantly, but failing to understand its temporary nature can lead to false expectations. An approved stay usually lasts for a specific period, typically up to one year, and may require renewal before its expiration. In practice, many clients combine this pause with the search for other options to pursue an approved cancellation of deportation on a more permanent basis.

Here’s what you can generally expect:

• Temporary nature: a stay of removal is a temporary pause. It does not erase your final order of removal or grant permanent immigration status. You must continue to pursue a long-term solution.
• Conditions of the stay: ICE often imposes conditions, such as regular check-ins, reporting requirements, or an Order of Supervision. Violating these conditions can lead to revocation of your stay and immediate deportation.
• Work authorization: a stay of removal does not automatically grant work authorization. You would typically need to file a separate Form I-765, Application for Employment Authorization, and meet specific eligibility criteria. Our work permit attorneys can help assess whether you qualify.
• Renewal process: if your underlying immigration case is still pending when your stay is about to expire, you may need to apply for a renewal, submitting updated documentation and fees.
• Denial and recourse: if your request for a stay is denied, the risk of deportation becomes immediate. Options for recourse are extremely limited and primarily involve filing a new application if circumstances change significantly or if an underlying application for relief advances. If you were detained, knowing what to do if ICE detains you is essential, and in some emergency situations clients explore legal counsel from habeas corpus attorneys if the detention can be legally challenged.
• Revocation: a stay can be revoked if you commit new criminal offenses, violate any terms of your supervision, or if ICE determines your circumstances no longer warrant the stay.

This phase emphasizes the necessity of using the time provided by a stay to actively pursue more permanent immigration solutions. It underscores the ongoing nature of the deportation process.

Navigating the complexities of a stay of removal requires a strategic approach and a clear understanding of your long-term immigration goals. This temporary relief is a valuable opportunity to build more permanent solutions, but without proper legal guidance the path can be filled with missteps. If you are facing imminent deportation or have a final order of removal, our team at Zava Immigration Law Group, made up of immigrants helping immigrants, can review your case and clarify your next steps. Schedule a consultation with our legal team today.

Frequently asked questions about temporary deportation halts

Sources and official resources

• EOIR: Learn About Immigration CourtOfficial source
• USCIS Policy ManualOfficial source

Jessica A. AnleuAuthor

Jessica Anleu (formerly Jessica Lewis) is an experienced immigration lawyer in Phoenix with a decade of immigration experience.

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